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Sarnia, Ont. man Jim Ruttan, 83, sits with his expired Ontario driver's licence. Ruttan says government-required retesting every two years for any driver who's 80 years or older is discriminatory. On Thursday the provincial government announced it will eliminate the written test drivers over 80 have been required to take every two years to renew their driver's licences.
TYLER KULA/Sarnia Observer/QMI Agency file photo

A retired long haul trucker, now living in Sarnia, says Ontario's government is being discriminatory by vetting seniors' ability to drive every two years before renewing their licences.

“This is against the law,” said Jim Ruttan, 83. “It's rank discrimination against age.”

Ontario's Ministry of Transportation has required, since 1996, that drivers 80 years and older renew their G-class licences every two years.

The process involves taking an eye test, getting up to speed on new traffic laws, a multiple choice test about road rules and traffic signs, and a road test if the driver has demerit points or has trouble with the written component.

Ruttan took the test and paid the fee when he turned 80, but changed his tune when it came time to recertify last year.

“I wasn't going to run around with their bull---t any more,” he said. “I'm fed up with it.”

He doesn't expect he'll get his licence renewed, which expired last year, but is hoping raising the issue will force change.

“I hope to stop this crap so other seniors have it done with,” he said. “The only time you (should) lose your licence is for health reasons.”

Michael Lynk, who teaches Canadian human rights law at Western University, said the question of age discrimination comes up regularly.

“This is a vexing question,” he said.

A court challenge may find the legislation discriminatory under one section of the Canadian Charter of Rights and Freedoms, he said, but that's not enough to overturn the law if the government can show it's a reasonable limitation.

“What they'd have to show there is there an enhanced and increased risk to the safety of the driver and to other people when you reach a certain age, because of general deterioration in our abilities,” he said.

He's not aware of any court challenge to date.

But driver's licence renewal isn't the only law that has an age restriction built in, he said, noting retirement age for senators at 75 and voting eligibility at 18 as examples.

Other age-related restrictions have been challenged many times, Lynk said.

“And the courts have generally been sympathetic to governments.”

The 80 and Over Senior Driver's Licence Renewal Program isn't intended to target drivers of a certain age, but rather to promote road safety, said Nichols.

“ Ontario data shows that senior drivers age 80 and above have the highest at-fault crash involvement rate of any other adult group 50 and over,” he said.